TOS Effective 10/24/2017
RESIDENTIAL AND SMALL NON-RESIDENTIAL CUSTOMERS
Electricity Maine, LLC
Terms of Service
(Version No. 19)
- Purchase of Electric Generation Service. Electricity Maine agrees to sell and you agree to buy your full requirements for electric generation service (measured in kilowatt hours) at the price and on the terms and conditions specified in this agreement and the Contract Disclosure Statement (together, the “Supply Contract”) ”)—including an agreement for arbitration and class action waiver—throughout the term of this Supply Contract. The purchase and sale of energy hereunder shall commence at 00:00:01 EST on the first day that Electricity Maine provides physical delivery to your facilities and shall end at 24:00:00 EST on the last day of the term.
- Price Structures. For greater clarity, all rates shown on our website and promotional materials have been rounded to the nearest hundredth of a cent. You will be billed at the fixed rate in cents per kilowatt hour set forth in the price structures set forth on your Contract Disclosure Statement for your actual consumption of electricity. The Price Structure does not include any applicable taxes. In addition, you are responsible for paying your local utility distribution and transmission charges and any other applicable charges imposed by your local utility or allowed by this Supply Contract. Choosing Electricity Maine as your electricity supplier does not guarantee savings when compared to other Competitive Electricity Providers or the current Standard Offer.
- Duration and Kind of Contract; Automatic Renewal. This Supply Contract is a contract for your supply of electric generation service. The term of this Supply Contract is set forth in your Contract Disclosure Statement. The email address that you provided us at the time of enrollment will also used as one method of contacting you for notices, renewals and disclosure information about your account. For new customers, service shall commence on the next meter read date after the Utility processes your enrollment with Electricity Maine. Service commencement lead-time may vary depending on utility enrollment requirements, your specific meter- reading schedule, time-of-year pricing, and market conditions. For renewal customers, service shall continue uninterrupted.
This Supply Contract will renew automatically unless terminated by you or Electricity Maine per the Termination Provisions set forth in this Supply Contract in Section 4. Between thirty (30) and sixty (60) calendar days prior to the end of the term of service of your Supply Contract, Electricity Maine will send two (2) written renewal notices (the “Renewal Notice”).. Each Renewal Notice will notify you of the existence and operation of this automatic renewal provision and either (i) a Contract Renewal Notice that sets forth the terms of the Supply Contract effective upon the automatic renewal, including any changes in the terms, the fixed rate electricity price that will apply to the renewal period, and the renewal term length, which shall not exceed the term of the existing contract term, or 12 months, whichever is shorter or (ii) a Holdover Notice that sets forth a Holdover Term during which the terms and rates of the Supply Contract will continue until such time as a Contract Renewal Notice issues. During the Holdover Term or Contract Renewal you may cancel the Supply Contract without payment of any “Cost Recovery Fee.”
- Termination Provisions. Electricity Maine may terminate this Supply Contract in the event of your default as set forth in Section 5. Electricity Maine may terminate this Supply Contract in its sole discretion for any other reason upon not less than thirty (30) days written notice to you, with such termination to be effective at the end of the current Supply Contract or Holdover Term described in Section 3. You may terminate this Supply Contract in writing or by phone with Electricity Maine at least 30 days prior to your contract end date and until such time as the Utility completes the termination in accordance with its rules. If you terminate the Supply Contract prior to the end of the term in effect, you may be subject to a “Cost Recovery Fee” outlined in Section 9, which fee will not apply if you terminate during the Holdover Term or Contract Renewal. Upon termination, service will be discontinued on the next utility meter read date for your account that is at least thirty (30) days after the notice of termination.
- Payment of Bills. The cost of your electric generation service will be included on your bill from the Utility, and is due and payable when your Utility bill is due and payable. You agree to accept the measurements as determined by the Utility for purposes of accounting for the electric power supplied under this Supply Contract. You will be billed additional charges, including charges to transmit and distribute the electricity to you, from the Utility consistent with its filed tariffs. Electricity Maine reserves the right to change billing methods. When the Utility issues you a consolidated bill that includes charges for electric generation service supplied by Electricity Maine, all invoiced balances not paid in full by the due date are subject to the Utility’s late payment policies and procedures, including assessment by the Utility of late payment fees and interest. IN THE EVENT YOU DEFAULT IN YOUR PAYMENT OR OTHER OBLIGATIONS UNDER THIS SUPPLY CONTRACT, ELECTRICITY MAINE HAS THE RIGHT TO CANCEL THIS SUPPLY CONTRACT, AT WHICH TIME YOU WILL AUTOMATICALLY BE TRANSFERRED TO THE UTILITY’S STANDARD OFFER RATE PLAN. You will remain responsible for balances owed to Electricity Maine for generation service and Electricity Maine’s actual out-of-pocket expenses incurred in enforcing its rights under this Supply Contract, including reasonable attorney fees and actual court costs. If at any time you enter into a payment plan with the Utility while you have an outstanding balance owed to Electricity Maine, you must notify Electricity Maine within fifteen (15) days of entering into such a plan. Outstanding balances owed to Electricity Maine may not be accounted for by the Utility payment plan, may appear as a separate balance on your bill, and will remain your responsibility. You agree to allow the utility to share your payment information for the purpose of consolidated billing.
- Credit Reporting. When you first apply for service and during the term of the Supply Contract with Electricity Maine, Electricity Maine may contact a credit reporting agency to obtain utility credit history and credit score. Once enrolled, Electricity Maine reserves the right to report your payment history to a credit reporting agency.
- Customer Deposits. Electricity Maine does not require a customer deposit to enroll.
- Warranty Disclaimer; Damages; Force Majeure.
ALL ELECTRIC GENERATION SERVICE IS PROVIDED BY ELECTRICITY MAINE ON AN “AS IS” BASIS. ELECTRICITY MAINE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE ELECTRIC GENERATION SERVICE PROVIDED THEREBY. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ELECTRICITY MAINE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE WITH RESPECT TO THE ELECTRIC GENERATION SERVICE PROVIDED THEREBY.
You agree that Electricity Maine shall not be liable for any damages or claims for matters within the control of the Utility or the ISO-New England controlled electricity grid, which include maintenance of electric lines and systems, service interruptions, loss or termination of service, deterioration of electric services, meter readings or injury to persons or damage to property caused by the delivery or supply of electricity. Electricity Maine shall not be responsible for any failure to commence or terminate electric generation service on the date specified due to any failure or delay in enrolling you with the Utility. Electricity Maine’s liability shall be limited to direct actual damages only, which will not exceed the amount of your single largest monthly invoice during the preceding 12 months. In no event shall Electricity Maine be liable for any punitive, incidental, consequential, exemplary, indirect, third-party claims or other damages whether based on contract, warranty, tort, negligence, strict liability or otherwise, or for lost profits arising from any breach or nonperformance of this Supply Contract. Electricity Maine will make commercially reasonable efforts to supply electricity but does not guarantee a continuous supply of electricity. Customer acknowledges that certain causes and events outside of Electricity Maine’s control (Force Majeure events) may result in interruptions in service and Electricity Maine shall not be liable for any such interruptions. Electricity Maine does not generate electricity nor does it transmit or distribute electricity. Therefore, Customer agrees that Electricity Maine shall not be liable for damages caused by electricity or Force Majeure events, including acts of God, acts of any governmental authority, acts of terrorists or enemies of the state, accidents, strikes or lock outs, labor troubles, required maintenance work, inability to access the Utility’s system, non-performance by the Utility, or any cause beyond Electricity Maine’s control.
- Charges, Fees and Penalties. You will be charged for electric generation service supplied at the contract rate. Except as provided in this Supply Contract, no additional fees will be assessed to you by Electricity Maine unless you choose to cancel this Supply Contract prior to its renewal date. You understand and agree that in order for Electricity Maine to offer and fulfill its fixed rate obligation to you, it has to purchase electric power in advance of usage in amounts needed to cover the full term of this Supply Contract. If you cancel this Supply Contract early, you will be responsible for paying a “Cost Recovery Fee” of $100.00. Electricity Maine reserves the right to charge interest on any outstanding balances more than thirty (30) days overdue at the Utility’s maximum allowed default interest rate. You are responsible for settlement of any balances for generation service, late payment or interest charges owed to your Utility as per Section 4 of this agreement. In the event there is a change (including a change in interpretation) in law, regulation, rule, ordinance, order, directive, filed tariff, decision, writ, judgment or decree by a governmental authority (including the Maine PUC or ISO-NE), including, without limitation, changes in Utility tariffs and ISO-NE rules, including those changes affecting fees, costs, or charges imposed by ISO-NE or the Maine PUC, changes in market rules, changes in load profiles or changes in nodal and zonal definitions, and such change results in Electricity Maine incurring additional costs and expenses in providing your electricity service, these additional costs and expenses shall be your responsibility and they will be assessed in your monthly bill as a pass-through charge. We may charge you up to $25 for any returned check.
- 10. Estimated Bills. In the event the Utility is unable to read your electric meter, the Utility will estimate your usage and your charges will be calculated accordingly and adjusted on a future bill. Electricity Maine reserves the right to use third party billing services in performance of the Terms and Conditions of this Supply Agreement.
- Disclosure of Risks and Costs Associated With Real-Time or Indexed Electricity Products. Maine regulations require that electricity suppliers, brokers and aggregators provide the following disclosure to customers regarding electricity products in which the prices paid by consumers vary with changes in wholesale electricity prices, other energy prices, or an energy price index.
Volatility Risk: Electricity prices may be subject to substantial volatility based on economic conditions, fuel prices, seasonal electricity demands, generator outages, weather and other factors.
Future Performance: Past results regarding particular electricity products are not necessarily an indication of future results.
- Right to Rescind. YOU HAVE A RIGHT TO RESCIND THIS CONTRACT FOR ELECTRICITY SUPPLY WITHOUT PENALTY WITHIN FIVE (5) CALENDAR DAYS FROM RECEIPT OF THIS SUPPLY CONTRACT, OR WITHIN EIGHT (8) CALENDAR DAYS IF THIS SUPPLY CONTRACT IS MAILED TO YOU. IN ORDER TO EXERCISE YOUR RIGHT TO RESCIND THIS CONTRACT, YOU MUST CONTACT US BY ONE OF THE FOLLOWING THREE MEANS:
- By telephone at: 1-866-573-2674;
- By mailing us a written notice to rescind at:Electricity Maine, LLC
12140 Wickchester Lane Suite 100
Houston, TX 77079; or
- By email through firstname.lastname@example.org.
- Questions and Complaints. If you have a question or complaint about your electricity supply, you can contact Electricity Maine by phone, toll-free by calling 1-866-573-2674 during the following hours: Monday through Friday, 8:00 a.m. to 5:00 p.m. You can also contact us through our website at www.electricityme.com.
- Standard Offer Generation Service. All retail electricity customers in Maine are entitled to purchase their electricity supply from a competitive supplier or through standard offer service. Standard offer service is provided automatically to customers who do not sign a contract with a supplier for their electricity supply.
- Changes in Terms of Service. In the event of any change in these Terms of Service during the term of this Supply Contract, Electricity Maine will notify you in writing by your email address on record between 30 and 60 calendar days in advance of such change. Except in connection with a renewal pursuant to Section 3, you must affirmatively consent to the effectiveness of the modified Terms of Service before such changes will become effective.
- This Supply Contract may be assigned or transferred by Electricity Maine to another competitive electricity provider without your consent if there is no change in the terms of the Supply Contract upon assignment. Notice of such assignment shall be provided to your e-mail address on record within 30 days after the assignment. You may not assign this Supply Contract, in whole or part, or any of your rights or obligations hereunder, without prior written consent from Electricity Maine. Nothing in this contract shall create, or be construed to create, any express or implied rights in any person or entity other than Electricity Maine and you.
- Do-Not-Call List. The Federal Trade Commission maintains a national Do Not Call List. You may be able to place your home or cell phone number on this list to stop unwanted telemarketing calls from businesses with which you do not have an established business relationship. You can register online at www.donotcall.gov, or by telephone at 1-888-382-1222. For TTY, call 1-866-290-4236.
- Consumer Protection Rights. You may contact the Maine Public Utilities Commission to obtain information on consumer protection rights by calling the Commission’s Consumer Assistance Division Hotline at 1-800-452-4699, Monday through Friday, 9:00 a.m. to 4:00 p.m. or by writing to the Commission at:
Maine Public Utilities Commission
Consumer Assistance Division
18 State House Station
Augusta, ME 04333-0018
- Net Metering. If your account is subject to Net Metering under Chapter 313 (CNEBA) of the Rules of the Maine Public Utilities Commission, it requires an additional contract to be signed with Electricity Maine to cover specific payment arrangements for excess payment of power purchased over historical account usages at the time of enrollment. In addition to these terms, and ACH agreement for automatic drafting of these amounts will be required. This additional agreement must be signed prior to enrollment of this account. Failure to sign this agreement may result in immediate return to Standard Offer of your account. Please call Electricity Maine at 1-866-573-2674 to set up this arrangement.
- Meter Usage Information. Electricity Maine has authority to act as your agent to obtain Advanced Metering Information (AMI) and Historical Usage information for your account as part of this supplier agreement.
- MANDATORY ARBITRATION AND CLASS ACTION WAIVER AGREEMENT.
- Scope of the Arbitration Agreement. Any legal dispute between the parties concerning or arising out of your enrollment, purchase, these Terms of Service, or the relationship among the parties (“Dispute”) shall be resolved by one arbitrator through binding arbitration using the process explained below. The parties understand and agree that they are waiving their rights to sue or go to court to assert or defend their rights. However, either party may bring an individual claim in small claims court consistent with the jurisdictional and dollar amount limitations that may apply, so long as maintained as an individual claim. The term “Dispute” refers to any dispute, action, claim, or other controversy between us, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis.
- Informal Dispute Resolution. Either party asserting a Dispute shall first try in good faith to resolve it by providing written notice as specified below to the other party describing the facts and circumstances (including any relevant documentation) and allowing the receiving party 30 days in which to respond. Notice shall be made by first class or registered mail (1) to Electricity Maine at 12140 Wickchester Lane Suite 100 Houston, TX 77079 or (2) to you at the postal address on file with us. Both you and Electricity Maine agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party.
- Right to Opt Out of this Arbitration Agreement. You may opt out of this Arbitration Agreement within the first 30 days after the earliest of the first time you (a) enroll and begin purchasing services from Electricity Maine; or (b) sign up for any further program or service provided by Electricity Maine. You may also opt out of this Arbitration Agreement within 30 days after we notify you regarding a material change to this Arbitration Agreement. You may opt-out by sending an email through Electricity Maine’s website at electricityme.com or by sending a letter to 12140 Wickchester Lane Suite 100 Houston, TX 77079. You should include your printed name, mailing address, and the words “Reject Arbitration.”
- How Arbitration Works. Either party may initiate arbitration, which shall be conducted by the American Arbitration Association (“AAA”), under the AAA Commercial or Consumer rules, as applicable, in effect at the time the Claim is filed (“AAA Rules”). For information on how to file a claim, copies of the AAA Rules and forms can be located at www.adr.org, or by calling 1-800-778-7879. Arbitration shall take place in the country of your residence, as determined by your mailing address on file with us. We agree to pay or reimburse all costs associated with any arbitration between the parties, including filing fees and arbitrator fees, and agree to waive any right to recover an award of attorneys’ fees and costs against you. The arbitrator’s decision shall be final, binding, and non-appealable. Judgment upon the award may be entered and enforced in any court having jurisdiction.
- Waiver of Right to Bring Class Action & Representative Claims. All Disputes, whether resolved informally, in small claims court, or through arbitration, shall be brought on an individual basis. Disputes must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum, and the arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any entity or person not a party to the arbitration. Any claim that all or part of this Class Action waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION, HOWEVER, THEY UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY, THROUGH ARBITRATION.
- Governing Law. This Arbitration Agreement shall be governed by the Federal Arbitration Act and interpreting federal law. To the extent state law applies to any aspect of this provision or the Claim, the law of your residence, as determined by your mailing address on file with us, shall apply. Neither party shall sue the other party other than as provided herein or for enforcement of this clause or of the arbitrator’s award; any such suit may be brought only in the federal court encompassing the county where the arbitration took place, or if any such court lacks jurisdiction, in any state court that has jurisdiction. The arbitrator, and not any federal, state or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability or formation of this Arbitration Agreement including any claim that all or any part of the Arbitration Agreement is void or voidable. However, the preceding sentence shall not apply to the clause above entitled “Waiver of Right to Bring Class Action & Representative Claims.”
- You acknowledge and agree that this Supply Contract and the transaction(s) under this Supply Contract constitute a “forward contract” within the meaning of the United States Bankruptcy Code. To the fullest extent possible, you agree to waive the provisions afforded by Section 366 of the United States Bankruptcy Code and acknowledge that for purposes of this application of principles afforded “forward contracts” the provisions of Section 366 shall not apply to you or this Agreement.